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Party Wall (WikiPedia)

A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business. Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall’s thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.

party wall

The Party Wall Act 1996

as it impacts the garden

At first sight, it is easy to think that the 1996 Party Wall Act does not affect garden construction, however it does impact the building of border walls even if not part of structures and can likewise applies to deep excavations.

The Party Wall Act 1996 entered into force in 1997, so it is now law and offers you rights and obligations whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing work on a pertinent structure or if your neighbour is.

The Party Wall Act does not apply to border fences.

The Party Wall Act does not affect any requirement for Preparation Authorization for any work undertaken. Having Planning Consent does not negate the requirements under the Party Wall Act.

The Party Wall Act enters into result if somebody is planning to do work on an appropriate structure, for the functions of the Act ‘party wall’ does not just indicate the wall between two semi-detached properties, as far as gardeners are concerned it covers:

For information of how the Party Wall Act impacts structure work in general, have a look at this page.

Just like all work impacting neighbours, it is constantly better to reach a friendly agreement rather than resort to any law. Even where the work needs a notice to be served, it is better to informally talk about the intended work, consider the neighbours remarks, and amend your plans (if suitable) prior to serving the notice.

What garden work requires a notice and permission.

The basic concept of the Party Wall Act is that all work which may have a result upon the structural strength or assistance function of the party wall or may cause damage to the neighbouring side of the wall should be informed. Guidance must be looked for from a regional Building Control Office or professional surveyor/architect if in doubt.

Work in the garden covered by the Party Wall Act include:

Boundary walls

If the planned work on a border wall falls under the Party Wall Act, a notice needs to be released to all impacted neighbouring celebrations. The notice should include (see sample letters in Part 5 of the Party Wall leaflet):.

If the planned work is a brand-new border wall as much as or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.

See listed below concerning what takes place in the event of a dispute/objection.

Excavations.

If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the prepared start day of the work. Neighbouring celebrations must give written arrangement within 2 week or a disagreement is deemed to have actually taken place.

See listed below regarding what occurs in case of a dispute/objection.

What occurs if a dispute occurs.

If agreement can not be reached in between neighbouring celebrations, the process is as follows:.

As soon as you have contract.

All work should comply with the notice when you have contract. All the arrangements need to be maintained to ensure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property might wish to develop that the work was carried out in accordance with the Party Wall Act requirements.

Remember:

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